Jordan Neely: Man indicted for manslaughter over chokehold death on New York subway

Split image. Left image: Daniel Penny. Right image: Jordan Neely.
Daniel Penny (left) held Jordan Neely in a chokehold for more than three minutes. Credit: AP/Andrew Savulich/New York Daily News/Tribune News Service via Getty Images

A US marine veteran has been indicted by a Grand Jury with manslaughter after he used a fatal chokehold on a fellow subway passenger in New York.

Daniel Penny, 24, was charged by prosecutors in Manhattan last month, following the death of Jordan Neely, a former Michael Jackson impersonator.

Mr Neely had struggled with homelessness and his mental health in recent years.

Manhattan District Attorney (DA) Alvin Bragg declined to comment on the indictment, although it was confirmed by New York City Mayor Eric Adams, on Wednesday.

"I appreciate DA [Alvin] Bragg conducting a thorough investigation into the death of Jordan Neely," Mayor Adams said in a statement.

"Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward."

Jordan Neely was shouting at passengers and begging for money before Daniel Penny placed him in a chokehold. Credit: AP

Mr Neely was shouting at passengers and begging for money when Penny pinned him to the floor of the moving subway carriage with the help of two other passengers. Penny then held Mr Neely in a chokehold for more than three minutes.

He has argued he was protecting himself and other passengers, claiming Mr Neely shouted "I'm gonna' kill you". He added that he was "ready to die" or go to jail for life.

A freelance journalist who recorded Mr Neely struggling to free himself, before lapsing into unconsciousness, said he was acting aggressively and frightening people, but had not assaulted anyone.

Penny's lawyers, Steven Raiser and Thomas Kenniff, said in a statement that their client had not intended to kill Mr Neely, and instead restrain him until police arrived.

Protesters march through the Broadway-Lafayette subway station to protest the death of Jordan Neely. Credit: AP

"While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing," Mr Raiser said.

"We're confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny's actions on that train were fully justified."

Mr Neely's death prompted protests by many who saw it as an example of racial injustice. However, some have rallied around Penny, including several of the Republican presidential candidates.

A fund set up to pay for Penny's legal defense has raised more than $2.8 million (£2.2 million), according to his lawyers.


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